TWARDZIK v. DEVERO
| JASON TWARDZIK |
| OFFICER ELLIS DEVERO |
| 2:2020cv04105 |
| August 17, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD J PAPPERT |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 SUMMONS Returned Executed by PRO SE PLFF JASON TWARDZIK, re: U.S. Marshal served Summons and Complaint upon DEFT ELLIS DEVERO by personal service on 3/4/2021, answer due 3/25/2021. (kw, ) |
| Filing 8 Letter dated 1/22/21, filed by PRO SE PLFF JASON TWARDZIK. "ENVELOPE ATTACHED" (kw, ) |
| COPY OF USM 285 HAS BEEN MAILED TO PRO SE, TWARDZIK. (bw, ) |
| Filing 7 Letter dated 12/24/20 by JASON TWARDZIK (jpd, ) |
| Filing 6 NOTICE of Change of Address, filed by PRO SE PLFF JASON TWARDZIK. "ENVELOPE ATTACHED"(kw, ) |
| Copy of #4 Order mailed to Pro Se. (mas, ) |
| Filing 5 NOTICE of Change of Address by PRO SE PLFF JASON TWARDZIK. "ENVELOPE ATTACHED"(kw, ) |
Filing 4
ORDERED THAT THE CLERK OF COURT SHALL ISSUE A SUMMONS FOR THE DEFENDANT. AS TWARDZIK IS CURRENTLY INCARCERATED IN NORTH CAROLINA, SERVICE OF THE SUMMONS AND THE COMPLAINT SHALL BE MADE UPON THE DEFENDANT BY THE U.S. MARSHALS SERVICE. TWARDZIK WILL BE REQUIRED TO COMPLETE A USM-285 FORM SO THAT THE MARSHALS CAN SERVE THE DEFENDANT. FAILURE TO COMPLETE THAT FORM MAY RESULT IN DISMISSAL OF THIS CASE. IN THE EVENT A SUMMONS IS RETURNED UNEXECUTED, IT IS TWARDZIKS RESPONSIBILITY TO ASK THE CLERK OF COURT TO ISSUE AN ALIAS SUMMONS AND TO PROVIDE THE CLERK WITH THE DEFENDANTS CORRECT ADDRESS, SO SERVICE CAN BE MADE. THE PARTIES SHOULD NOTIFY THE CLERKS OFFICE WHEN THERE IS AN ADDRESS CHANGE. FAILURE TO DO SO COULD RESULT IN COURT ORDERS OR OTHER INFORMATION NOT BEING TIMELY DELIVERED, WHICH COULD AFFECT THE PARTIES LEGAL RIGHTS.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/8/20. 9/8/20 ENTERED AND COPIES OF ORDER MAILED TO PRO SE PLAINTIFF.(jpd, )
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| 1 Summons Issued as to ELLIS DEVERO. Forwarded To: U.S. MARSHAL SERVICE on 9/8/20 (jpd, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (bw, ) |
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Filing 2
ORDERED THAT IF TWARDZIK SEEKS TO PROCEED WITH THIS ACTION HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY $400 (THE $350 FILING FEE AND $50 ADMINISTRATIVE FEE) TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT (OR INSTITUTIONAL EQUIVALENT) SHOWING ALL DEPOSITS, WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED FOR THE SIX-MONTH PERIOD FROM FEBRUARY 17, 2020 THROUGH AUGUST 17, 2020, REFLECTING ACCOUNT ACTIVITY FROM THAT TIME PERIOD. IF TWARDZIK IS ULTIMATELY GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, HE WILL BE OBLIGATED TO PAY THE $350 FILING FEE IN INSTALLMENTS PURSUANT TO 28 U.S.C. 1915(B), EVEN IF HIS CASE IS DISMISSED. HE WILL NOT BE ENTITLED TO THE RETURN OF ANY PAYMENTS MADE TOWARD THE FEE. THE CLERK OF COURT SHALL FURNISH TWARDZIK WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORMS TO PROCEED IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER. TWARDZIK MAY USE THIS FORM TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF HE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. IF TWARDZIK FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/31/20. 8/31/20 ENTERED AND COPIES OF ORDER AND FORMS NOT MAILED TO PRO SE PETITIONER(jpd, ) Modified on 8/31/2020 (jpd, ).
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| Document #2 together with Blank copy of Court's current standard pro se form to proceed in forma pauperis mailed to pro se plff. |
| Filing fee: $ 400.00, receipt number PPE218224 (dmc, ) |
| Filing 1 COMPLAINT against ELLIS DEVERO, filed by JASON TWARDZIK. (NO FEE, NO IFP) (Attachments: #1 Case Management Track Form, #2 Designation Form)(fdc, ) |
| DEMAND for Trial by Jury by JASON TWARDZIK. (fdc, ) |
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| Plaintiff: JASON TWARDZIK | |
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| Defendant: OFFICER ELLIS DEVERO | |
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